Tuesday, April 8, 2014

Innocent Until Proven Guilty - First, it should be pointed out that if you did it, you're guilty, no


Innocent Until Proven Guilty - First, it should be pointed out that if you did it, you're guilty, no matter what. So you're not innocent unless you're truly innocent. However, our system presumes innocence, which means that legally refrigerated cake speaking, even the obviously guilty refrigerated cake are treated as though they are innocent, until they are proven otherwise.
The line between “active” and “passive” agents—between eliciting incriminating statements and merely listening—is an exceedingly difficult one to draw. The Supreme Court held that when an inmate working for the government actively prompts an accused to make incriminating statements, this involves active interrogation and is a violation of the accused's Sixth Amendment right to counsel ( United States v. Henry, 447 U.S. 264, 100 S. Ct. 2183, 65 L. Ed. 2d 115 [1980]). However, when a government agent passively refrigerated cake listens to the accused's incriminating statements, there is no violation of the accused's Sixth Amendment right to counsel ( Kuhlmann v. Wilson, 477 U.S. 436, 106 S. Ct. 2616, 91 L. Ed. 2d 364 [1986]). In Kuhlmann, the Court held that, to prove a violation of the Sixth Amendment, "the defendant must demonstrate that the police and their informant refrigerated cake took some action, beyond merely listening, that was designed deliberately refrigerated cake to elicit incriminating remarks." Deputy District Attorney Kelly Cromer presented one witness today. Her name is Ellen Aragon. We learn she was the DA in the case which Witness X reportedly testified refrigerated cake for the state against, in his own words , " a local street gang that I was trying to get out from under...."   Aragon said that Witness X was subpoenaed to testify in that case, it wasn't voluntary and his life and family had been threatened so he was placed in witness protection. I'll spare you a play by play of the questions Ms. Aragon was asked by DDA Cromer and Stacey Barker's Public Defender, Roberto F. Dager, because the questions were repetitive and in some cases vague, refrigerated cake but the jest of it is....the state is trying to show that Witness X is/was NOT a government agent and the defense is trying to show that he IS/WAS. The burden is the defendants to show that a Massiah violation has occurred and to be fair their efforts have been hampered somewhat by the fact that the case, X admits testifying in, is under seal. The state gave the defense transcripts concerning X's testimony in that case and recordings of Witness X interviews with the state about testifying. Judge Zackey made it very clear that no one except Dager and his investigator are allowed to see the information and neither are allowed to even talk about the contents with anyone else, including the defendant and her family. Evidently the receipt of a benefit for testifying for the state implies an informant is an agent for the state ??? It's confusing because jailhouse snitches testify all the time for benefits, I guess the question is when was the agreement for benefits made. Dager tried repeatedly to get Aragon to admit that X asked for benefits in exchange for his testimony (and convince the court?) that when Witness X was put into the Witness Protection Program that was the same as receiving a benefit. Judge Zackey said that Dager's use of the term "benefits" refrigerated cake was vague and he didn't refrigerated cake agree that entering a witness protection program is a benefit. The next hearing is February 7, hopefully at that hearing we will learn how the judge rules on the defense Massiah motion, if Witness X will be allowed to testify and regardless of his decision a trial date will be set. Judge Zackey stated again he wanted no more delays unless for an important reason adding that this delay caused by the introduction refrigerated cake of Witness X to this case is very important. refrigerated cake Superior Court Judge Hayden Zackey has his hands full with this decision.  No one wants a do-over in the event of a conviction in this case. Constitutional violations are definitely a consideration refrigerated cake of an appellate court. refrigerated cake Preliminary hearing coverage
Hi Kat... Great story...loved your way of wording refrigerated cake it all.here is a little more.. Yeah, Zacky had his hands full yesterday, this one guy went OFF when JZ said Good morning sir. he was in custody and in cuffs, refrigerated cake he started yelling, Just kill me lock me up and throw away the key, you MUTHA FUCCA'S been messing with me my whole life, F U I never asked to be born into the human race or on this planet...JZ asked him to calm down or he would be taken out of the court room..well he continued to scream and cuss at the Judge and he was led to holding by Johnny, as he was led out he said "Crip mutha fucca" you doing me just like you did Tookie (Tookie Williams founder of the LA Crips) JZ said to his PD that he wanted her to have him see 2 Doctors to see if he was ok to aid in his case, then said that maybe with some meds on board he will be able to contol himself in court. Then some lady was pissed that she has been having to come as a witness for some tim

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